Estate of Clyde M. Fuller v. Samuel Evans

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 9, 2004 Session ESTATE OF CLYDE M. FULLER v. SAMUEL EVANS, ET AL. Appeal from the Circuit Court for Hamilton County No. 98-C-2355 Jacqueline E. Schulten, Judge No. E2004-00801-COA-R3-CV - FILED DECEMBER 29, 2004 The issue in this case is whether the Counter-Plaintiff may testify at trial regarding transactions and conversations with the deceased Counter-Defendant when the deceased Counter-Defendant’s pre- trial discovery deposition had been taken, but was incomplete. We hold that the trial court, pursuant to the Dead Man’s Statute,…